A recent California decision has held for the first time that an employer be, in at least some circumstances, subject to strict liability for second-hand asbestos exposure.

The California Supreme Court ruled, declaring that “where it is reasonably foreseeable that workers, their clothing, or personal effects will act as vectors carrying asbestos from the premises to household members, employers must take reasonable care to prevent this means of transmission.”

This liability however, extends only to members of a worker’s household, specifically those individuals who live with the employee and are foreseeably in close and sustained contact with him or her over a significant period of time.

“Where it is reasonably foreseeable that workers, their clothing, or personal effects will act as vectors carrying asbestos from the premises to household members, employers have a duty to take reasonable care to prevent this means of transmission,” Justice Goodwin Liu wrote for the panel.

The second-hand asbestos liability premise stems from a consolidated action (Kesner v. Superior Court of Alameda County) that alleged that BNSF railroad and Pneumo Abex, through the use and manufacture of asbestos-containing products, created a risk of harm to their employees’ household members by failing to exercise reasonable care in the use of asbestos-containing materials.

Specifically, they claimed an Abex employee’s nephew and a BNSF employee’s wife contracted mesothelioma through second-hand asbestos from contact with the toxic substance brought home on the clothes of employees in the 1970s.

After the lower courts in the consolidated action reached varying conclusions, the state high court granted review to determine whether an employer had a duty to members of an employee’s household to prevent second-hand asbestos exposure on a premises liability or negligence theory.

“It is a matter of common experience and knowledge that dust or other substances may be carried from place to place on one’s clothing or person, as anyone who has cleaned an attic or spent time in a smoky room can attest,” Justice Goodwin wrote.

Second-Hand Asbestos Dangers

Second-hand asbestos exposure arises from exposure through another person who has been working with or around asbestos, as opposed to direct exposure to the asbestos itself.

Exposure to asbestos fibers has been linked to asbestos cancer, asbestosis (scarring of the lungs that restricts breathing), and asbestos mesothelioma (cancer of the lining of the chest cavity). The chances of getting an asbestos-related illness increase as the level and duration of exposure to asbestos increases.

Mesothelioma is the most serious health problem linked to asbestos exposure and is a malignant form of cancer that attacks the linings of the chest wall and lungs or the lining of the abdomen. Mesothelioma can be contracted from direct asbestos exposure and second-hand asbestos exposure.

If you or a loved one has concerns that you may have been affected by second-hand asbestos exposure, you should consult with an attorney who specializes in mesothelioma or asbestos-related injury cases.